Therefore, in certain situations, accommodation may be provided on an interim basis or may be phased in, as long as the timeframe is reasonable. Accommodations that do not respect the person's privacy, autonomy and dignity are not acceptable.Ī one-time expenditure for some forms of accommodation may be too onerous on an employer. Accommodation may range from modifications that completely respect an individual's right to privacy, autonomy and dignity on one end of the spectrum, to those that least respect them on the other end of the spectrum. For example, in a job where driving is an essential duty, an employer can accommodate an applicant with a disability by modifying a company car to meet the person’s individual needs unless doing so would cause undue hardship. Or, it may involve meeting the needs of a person (such as a person with disabilities) assessed on an individual basis (see for example, subsections 17(2) and 24(2) of the Code).Īccommodation may be possible by modifying the terms and conditions of employment or by making adjustments in the workplace. It may involve meeting the needs of someone based on the needs of the group he or she belongs to (see for example, subsection 11(2) of the Code). When it decides that it is not, it alters the rule, and provides for eight-hour shifts and part-time work.Īccommodation may take one of two forms.
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The most appropriate accommodation will be the one that most promotes inclusion and full participation, and effectively addresses any systemic issues.Įxample: Instead of making a one-time exemption for an employee with major caregiving responsibilities, an employer re-examines whether the need for staff to work 10-hour shifts full-time is a bona fide requirement. An accommodation will be considered appropriate if it will result in equal opportunity to attain the same level of performance or to enjoy the same level of benefits and privileges experienced by others, or if it is proposed or adopted to achieve opportunity and meets the individual’s needs related to the relevant Code ground. Deciding what is and is not an appropriate accommodation is a separate analysis from an undue hardship analysis. The most appropriate accommodation must be identified and implemented short of undue hardship. See also Section IV-1a(i) – “Preventing, reviewing and removing barriers.” Preventing and removing barriers means all persons should have access to their environment and face the same duties and requirements with dignity and without impediment.
Inclusion: Achieving integration and full participation requires barrier-free and inclusive design and removing existing barriers.A solution may meet one person's requirements but not another's, although many accommodations will benefit many other people with similar needs. Each person's needs are unique and must be considered afresh when an accommodation request is made. Individualization: There is no set formula for accommodation.Dignity: Persons must be accommodated in a way that most respects their dignity, including their privacy, confidentiality, comfort and autonomy.
The principle of accommodation involves three factors: dignity, individualization and inclusion. The applicable principles are set out in the most detail in the Commission’s Policy and Guidelines on Disability and the Duty to Accommodate and are summarized here.Īccommodation is a fundamental and integral part of the right to equal treatment.
The right to be accommodated and the duties of the employer and union are now well-established in statute and case law. Then, specifics will be outlined relating to the discrimination grounds set out above. This section will discuss the principle of accommodation, duties and responsibilities in the accommodation process, and limits to the duty to accommodate.
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